Appeal keeps Plymouth Marine Lawrence Hutchins in the brig

An appeal has stalled the release of Marine Sgt. Lawrence Hutchins III.

According to Major Babu Kaza, Hutchins, attorney, the government filed a request this week for the Court of Appeals for the Armed Forces to reconsider its recent ruling overturning the Manomet Marine’s murder conviction.

The request for consideration effectively keeps Hutchins detained in a Navy brig until the motion is resolved.

Hutchins is serving an 11-year sentence for the 2006 killing of a civilian in Iraq.

The CAAF overturned the conviction June 26, finding Hutchins’ rights were violated when he was held in confinement without access to an attorney for seven days at the start of the investigation.

Kaza, in an email, said the government’s request is without merit and should be denied. Kaza said he has filed his own motions seeking Hutchins’ immediate release, but noted that Hutchins will have to stay in jail until the motion is resolved.

Hutchins, through his attorney, called the request for reconsideration frivolous and said the delay in his release puts his wife and two children at risk.

Hutchins referred to a domestic terrorist plot unearthed by the FBI two years ago that targeted his wife, Reyna.

The investigation resulted in the arrest and conviction of a man in Alaska, who is now serving an eight-year sentence in federal prison.

“Once I am released my presence at home will at least allow my wife and children to feel safer,” Hutchins said.

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